Appeal No. 2002-1924 Page 9
Application No. 09/102,342
32. A golf ball, as set forth in claim 18, wherein the golf ball has a diameter of
about 1.717 - 1.720 inches.
The appellants argue that Sullivan does not disclose the claimed diameter
ranges. The examiner responded to this argument by stating that the larger ball
diameters of claims 30-32 are suggested by Sullivan's teaching (column 14, lines 44-
45) of a golf ball diameter of about 1.680 inches or greater.
In our view, Sullivan's golf ball having formulation 35 having a diameter of
approximately 1.680 inches does not meet the diameters set forth in claims 30 to 32.
We believe that one of ordinary skill in this art would understand the term "about" as
used in claims 30 to 32 and the term "approximately" as used by Sullivan to refer to
manufacturing tolerances and accordingly the claimed golf ball diameter ranges (e.g., a
diameter of about 1.700 - 1.800 inches) are not readable on Sullivan's golf ball having
formulation 35 having a diameter of approximately 1.680 inches.
For the reasons set forth above, the decision of the examiner to reject claims 30
to 32 under 35 U.S.C. § 102(e) as being anticipated by Sullivan is reversed.
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